Confidential
Settlement – $155,000Court
L.A. Superior Central West
Attorneys
Plaintiff
Defendant
Donna B. Koch
(Office the Los Angeles County Counsel)
Facts
According to the plaintiff: Between Jan. 17, 1999 and March 3, 1999, Alfredo Garcia was in the custody of the
Los Angeles SheriffÆs Department for the recall of a warrant on a criminal case. Because the plaintiff is
permanently paralyzed from the waist down and confined to a wheelchair, he was detained at the Jail Hospital
at the MenÆs Central Jail in downtown Los Angeles.
Because of his disability, the plaintiff had to use a catheter to collect his urine. The plaintiff also took
prescription medicine several times a day in order to relax his bladder, which he is unable to control, so that he
may urinate properly. The plaintiffÆs personal property was confiscated when he was arrested by another law
enforcement agency. When he was locked at the jail, the plaintiff was put into the jail hospital and scheduled
to see a doctor.
The plaintiff went to court and did not see the doctor that day. He was provided with urinary catheters but
claimed they were too small. He was told that the Jail Hospital was "out" of the proper size catheter.
The defendant contended that the plaintiff was told to have his family bring them from home. The plaintiff
disputed this. Hospital records confirmed that the proper catheter was on order but that the order was not filled.
Approximately three weeks later, on Feb. 23, 1999, the plaintiff was given the larger catheter. However, two
days later, the plaintiff was told that the jail was once again out of the proper-sized catheter. As a result, the
plaintiff was forced to choose between wearing an improper sized catheter, which caused an irritation in his
groin area or urinating on himself.
On Feb. 25, 1999, the plaintiff appeared for a pretrial conference in the South Gate Municipal Court. After
being informed of the plaintiffÆs need for medical care, Judge Ana Maria Luna ordered immediate medical
treatment and requested a report regarding the plaintiffÆs condition. The plaintiff was seen by a doctor who
noted the irritation was healing.
On March 1, 1999, the plaintiff appeared for another pretrial conference before Judge Michael A. Cowell in
Los Angeles Superior Norwalk. After learning of the plaintiffÆs condition, Judge Cowell also ordered
immediate medical care and a medical report from the Jail Hospital.
The plaintiff was subsequently ordered released on March 3, 1999.
Injuries
During the plaintiffÆs incarceration, he developed an open sore in his groin area. The wound was treated with antibiotic cream and began to heal during the plaintiffÆs incarceration. There were no claims of medical bills or lost wages.
Other Information
<M>The case was mediated by Judge Jack Newman and Judge Judith Chirlin.</M>
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